Section NR 665.0118 - Long-term care plan; amendment of plan(1) WRITTEN PLAN. By February 1, 1982, the owner or operator of a hazardous waste disposal unit shall have a written long-term care plan. An owner or operator of a surface impoundment or waste pile that intends to remove all hazardous wastes at closure shall prepare a long-term care plan and submit it to the department within 90 days of the date that the owner or operator or department determines that the hazardous waste management unit or facility must be closed as a landfill, subject to the requirements of s. NR 665.0117, this section, ss. NR 665.0119 and 665.0120.(2) AVAILABILITY OF PLAN. Until final closure of the facility, a copy of the most current long-term care plan shall be furnished to the department upon request, including request by mail. In addition, for facilities without approved long-term care plans, it shall also be provided during site inspections, on the day of inspection, to any officer, employee or representative of the department. After final closure has been certified, the person or office specified in sub. (3) (c) shall keep the approved long-term care plan during the long-term care period.(3) CONTENT OF PLAN. For each hazardous waste management unit subject to the requirements of this section, the long-term care plan shall identify the activities that will be carried on after closure of each disposal unit and the frequency of these activities, and include at least all of the following: (a) A description of the planned monitoring activities and frequencies at which they will be performed to comply with subchs. F, K, L and N during the long-term care period.(b) A description of the planned maintenance activities, and frequencies at which they will be performed, to ensure both of the following: 1. The integrity of the cap and final cover or other containment systems in accordance with the requirements of subchs. K, L and N.2. The function of the monitoring equipment in accordance with the requirements of subchs. F, K, L and N.(c) The name, address and phone number of the person or office to contact about the hazardous waste disposal unit or facility during the long-term care period.(d) For facilities subject to s. NR 665.0121, provisions that satisfy the requirements of s. NR 665.0121(1) (a) and (c).(e) For facilities where the department has applied alternative requirements at a regulated unit under s. NR 665.0090(6), 665.0110(4) or 665.0140(4), either the alternative requirements that apply to the regulated unit, or a reference to the enforceable document containing those requirements.(4) AMENDMENT OF PLAN. The owner or operator may amend the long-term care plan any time during the active life of the facility or during the long-term care period. An owner or operator with an approved long-term care plan shall submit a written request to the department to authorize a change to the approved plan. The written request shall include a copy of the amended long-term care plan for approval by the department. (a) The owner or operator shall amend the long-term care plan whenever any of the following occurs: 1. Changes in operating plans or facility design affect the long-term care plan.2. Events which occur during the active life of the facility, including partial and final closures, affect the long-term care plan.3. The owner or operator requests the department to apply alternative requirements to a regulated unit under s. NR 665.0090(6), 665.0110(4) or 665.0140(4).(b) The owner or operator shall amend the long-term care plan at least 60 days prior to the proposed change in facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the long-term care plan.(c) An owner or operator with an approved long-term care plan shall submit the modified plan to the department at least 60 days prior to the proposed change in facility design or operation, or no more than 60 days after an unexpected event has occurred which has affected the long-term care plan. If an owner or operator of a surface impoundment or a waste pile who intended to remove all hazardous wastes at closure in accordance with s. NR 665.0228(1) or 665.0258(1) is required to close as a landfill in accordance with s. NR 665.0310, the owner or operator shall submit a long-term care plan within 90 days of the determination by the owner or operator or department that the unit must be closed as a landfill. If the amendment to the long-term care plan is a class 2 or 3 modification according to the criteria in s. NR 670.042, the modification to the plan will be approved according to the procedures in sub. (6).(d) The department may request modifications to the plan under the conditions described in par. (a). An owner or operator with an approved long-term care plan shall submit the modified plan no later than 60 days of the request from the department. If the amendment to the plan is considered a class 2 or 3 modification according to the criteria in s. NR 670.042, the modifications to the long-term care plan will be approved in accordance with the procedures in sub. (6). If the department determines that an owner or operator of a surface impoundment or waste pile who intended to remove all hazardous wastes at closure must close the facility as a landfill, the owner or operator shall submit a long-term care plan for approval to the department within 90 days of the determination.(5) SUBMITTAL OF PLAN. The owner or operator of a facility with hazardous waste management units subject to these requirements shall submit its long-term care plan to the department at least 180 days before the date the owner or operator expects to begin partial or final closure of the first hazardous waste disposal unit. The date the owner or operator "expects to begin closure" of the first hazardous waste disposal unit shall be either within 30 days after the date on which the hazardous waste management unit receives the known final volume of hazardous waste or, if there is a reasonable possibility that the hazardous waste management unit will receive additional hazardous wastes, no later than one year after the date on which the unit received the most recent volume of hazardous wastes. The owner or operator shall submit the long-term care plan to the department no later than 15 days after either of the following: (a) Denial, suspension or revocation of an interim license (except when an operating license is issued to the facility simultaneously with revocation of an interim license).(b) Issuance of a judicial decree, department order, or final order pursuant to 42 USC 6928(h) to cease receiving waste or close.(6) REVIEW OF PLAN. The department will provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments on the long-term care plan and request modifications to the plan no later than 30 days from the date of the notice. The department will also, in response to a request or at its own discretion, hold a public hearing whenever such a hearing might clarify one or more issues concerning a long-term care plan. The department will give public notice of the hearing at least 30 days before it occurs. (Public notice of the hearing may be given at the same time as notice of the opportunity for the public to submit written comments, and the 2 notices may be combined.) The department shall approve, modify or disapprove the plan within 90 days of its receipt. If the department does not approve the plan, it shall provide the owner or operator with a detailed written statement of reasons for the refusal and the owner or operator shall modify the plan or submit a new plan for approval within 30 days after receiving the written statement. The department will approve or modify this plan in writing within 60 days. If the department modifies the plan, this modified plan becomes the approved long-term care plan. The department shall ensure that the approved long-term care plan is consistent with s. NR 665.0117, this section, ss. NR 665.0119 and 665.0120. A copy of the modified plan with a detailed statement of reasons for the modifications shall be mailed to the owner or operator.(7) MODIFICATION OF PLAN. The long-term care plan and length of the long-term care period may be modified any time prior to the end of the long-term care period in either of the following 2 ways: (a) The owner or operator or any member of the public may petition the department to extend or reduce the long-term care period applicable to a hazardous waste management unit or facility based on cause, or alter the requirements of the long-term care period based on cause. 1. The petition shall include evidence demonstrating either of the following: a. The secure nature of the hazardous waste management unit or facility makes the long-term care requirements unnecessary or supports reduction of the long-term care period specified in the current long-term care plan (e.g., leachate or groundwater monitoring results, characteristics of the wastes, application of advanced technology or alternative disposal, treatment or re-use techniques indicate that the facility is secure).b. The requested extension in the long-term care period or alteration of long-term care requirements is necessary to prevent threats to human health and the environment (e.g., leachate or groundwater monitoring results indicate a potential for migration of hazardous wastes at levels which may be harmful to human health and the environment).2. The department will consider these petitions only when they present new and relevant information not previously considered by the department. Whenever the department is considering a petition, it will provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments within 30 days of the date of the notice. The department will also, in response to a request or at its own discretion, hold a public hearing whenever a hearing might clarify one or more issues concerning the long-term care plan. The department will give the public notice of the hearing at least 30 days before it occurs. (Public notice of the hearing may be given at the same time as notice of the opportunity for written public comments, and the 2 notices may be combined.) After considering the comments, the department will issue a final determination, based upon the criteria set forth in this paragraph.3. If the department denies the petition, it will send the petitioner a brief written response giving a reason for the denial.(b) The department may tentatively decide to modify the long-term care plan if it deems it necessary to prevent threats to human health and the environment. The department may propose to extend or reduce the long-term care period applicable to a hazardous waste management unit or facility based on cause or alter the requirements of the long-term care period based on cause. 1. The department will provide the owner or operator and the affected public, through a newspaper notice, the opportunity to submit written comments within 30 days of the date of the notice and the opportunity for a public hearing as in par. (a) 2. After considering the comments, the department will issue a final determination.2. The department will base its final determination upon the same criteria as required for petitions under par. (a) 1. A modification of the long-term care plan may include, where appropriate, the temporary suspension rather than permanent deletion of one or more long-term care requirements. At the end of the specified period of suspension, the department would then determine whether the requirements should be permanently discontinued or reinstated to prevent threats to human health and the environment.Wis. Admin. Code Department of Natural Resources NR 665.0118
CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.Amended by, CR 19-082: am. (5) (b) Register August 2020 No. 776, eff. 9/1/2020